The Planning Board will be available at any
regularly scheduled meeting for informal conferences with any subdivider
or owner as herein defined who desires to subdivide land. The Planning
Board may, if it desires, schedule specific meeting nights for such
informal conferences at its discretion.
A.
Any owner of land within the Township, prior to subdividing
or resubdividing land as defined in this chapter, shall submit to
the administrative officer, at least 10 working days prior to the
next regular workshop meeting of the Planning Board, the following:
[Amended 12-27-2005 by Ord. No. O-05-48; 12-22-2015 by Ord. No. O-15-26]
B.
The owner shall, simultaneously with filing, pay the
fee based on the total number of lots in the subdivision, submitted
to the administrative officer to cover the cost of processing the
application. The administrative officer shall issue an application
number, and such number shall appear on all documents, maps, plans,
and other documentation submitted in conjunction with the subdivision
plat.
Copies of the minor subdivision plat, prior
to consideration by the Planning Board and after payment of the fee,
shall be forwarded by the administrative officer to each of the following:
A.
Township Engineer: one copy.
B.
Zoning Officer or Assistant Zoning Officer: one copy.
[Amended 10-13-2009 by Ord. No. O-09-26]
C.
Planning Board members: three copies.
D.
Tax Assessor: one copy.
E.
Environmental Commission: one copy.
F.
Township Forester: one copy.
[Added 3-22-2005 by Ord. No. O-05-5]
G.
Such other Township, county or state officials as
directed by the reviewing board.
A.
The reviewing board shall not grant approval of a
minor subdivision until such time as a written report in respect to
the subdivision has been received approving same from the following:
(1)
Township Engineer.
(2)
Zoning Officer or Assistant Zoning Officer.
[Amended 10-13-2009 by Ord. No. O-09-26]
(3)
Township Forester.
[Added 3-22-2005 by Ord. No. O-05-5]
(4)
Monmouth County Planning Board, where applicable.
(5)
Department of Environmental Protection of the State
of New Jersey where any stream in the proposed subdivision is under
the jurisdiction of this agency. The subdivider shall present a document
of adequate proof to that effect from the Department of Environmental
Protection prior to approval. The reviewing board may, at its discretion,
grant conditional approval of a minor subdivision pending the above
referred to proof from the Department of Environmental Protection,
provided that the applicant demonstrates that he has made diligent
efforts to obtain same.
(6)
Before approval, the Planning Board shall condition
approval on receipt of a deed of dedication, with the subdivider as
grantor and the Township of Freehold as grantee, conveying those lands
abutting the lot or lots which are the subject of the subdivision
and which are necessary for road widening or other public purposes
as determined by the Master Plan of the Township of Freehold. Any
dedication shall be subject to acceptance by the Township Committee.
B.
Minor subdivision approval shall be granted or denied
within 45 days of the date upon which the application is deemed complete
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute minor subdivision approval and a certificate of the
administrative officer as to the failure of the Planning Board to
act shall be issued on request of the applicant; and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the county recording
officer for purposes of filing subdivision plat.
[Amended 12-22-2015 by Ord. No. O-15-26]
C.
Whenever review or approval of the application by
the Monmouth County Planning Board is required, the Township Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
D.
Expiration; changing conditions
(1)
Approval of a minor subdivision shall expire 190 days
from the date of the Township Planning Board approval unless within
such period a plat in conformity with such approval and the provisions
of the Map Filing Law, P.L. 1960 c. 141 (N.J.S.A. 46:23-9.9), or a
deed clearly describing the approved minor subdivision is filed by
the developer with the Monmouth County recording officer, the Township
Engineer and the Township Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the Planning Board. In reviewing the application for development
for a proposed minor subdivision, the Planning Board shall be permitted
to accept a plat not in conformity with the Map Filing Act, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that if the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed, such plat shall conform with the provisions of said Act.
Where a minor subdivision applicant was granted a waiver or variance
in conjunction with the approval, the minor subdivision must be perfected
by the filing of the plat.
[Amended 12-22-2015 by Ord. No. O-15-26]
(2)
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted, shall not be changed for a period of two years after
the date of minor subdivision approval, provided that the approved
minor subdivision shall have been duly recorded as provided in this
section.
E.
Before any approved minor subdivision plat is returned
to the subdivider, the administrative officer shall have sufficient
copies, retained one copy for the administrative officer file, and
forwarding such copies as follows:
F.
The Planning Board when acting upon application for
minor subdivision approval shall have the power to grant such exceptions
or waivers from the requirements for approval as may be reasonable
and within the general purpose and intent of this chapter, if the
literal enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question and the project is minimal and would continue
to reflect overall conformity to the Master Plan. Any exception granted
pursuant to this section shall be certified to the Zoning Officer
in writing.
A.
Any subdivider of land within the Township, prior
to subdividing or resubdividing land as defined in this chapter, shall
submit to the administrative officer in accordance with the Planning
Board procedures (a copy of which is available from the administrative
officer) the following:
[Amended 12-27-2005 by Ord. No. O-05-48]
B.
Copies of the preliminary plat shall be forwarded
by the administrative officer in accordance with the administrative
procedures of the reviewing board and shall be submitted to the following:
[Amended 12-27-2005 by Ord. No. O-05-48]
(1)
Monmouth County Planning Board: one copy.
(2)
Township Engineer: one copy.
(3)
Board of Health: one copy.
(4)
Shade Tree Commission: one copy.
(5)
Zoning Officer or Assistant Zoning Officer: one copy.
[Amended 10-13-2009 by Ord. No. O-09-26]
(6)
Tax Assessor: one copy.
(7)
Planning Board Secretary: nine copies.
[Amended 12-22-2015 by Ord. No. O-15-26]
(8)
Freehold Township Environmental Commission: one copy.
(9)
Department of Environmental Protection of the State
of New Jersey where any stream in a proposed subdivision is under
the jurisdiction of that agency and for certification of the adequacy
of water supply and sewage facilities in accordance with N.J.S.A.
58:11-23 et seq.: one copy.
(10)
The Forester: one copy.
(11)
Such other staff, consultants, and municipal,
county or state agency as may be directed by the Planning Board.
[Amended 10-13-2009 by Ord. No. O-09-26]
C.
The plat and any other engineering documents to be
submitted shall be required in tentative form for discussion purposes
for preliminary approval. If the application for development is found
to be incomplete, the developer shall be notified in writing of the
deficiencies therein by the administrative officer within 45 days
of submission of such application or it shall be deemed to be properly
submitted.
D.
If the Planning Board shall require any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application shall
be submitted and proceeded upon, as in the case of the original application
for development. The Planning Board shall, if the proposed subdivision
complies with this chapter, grant preliminary approval to the subdivision.
E.
Upon the submission to the administrative officer
of a complete application for the subdivision of 10 or fewer lots,
the Planning Board shall grant or deny preliminary approval within
45 days of the date upon which the application is deemed complete
or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a subdivision of
more than 10 lots, the Planning Board shall grant or deny preliminary
approval within 95 days of the date upon which the application is
deemed complete or within such further time as may be consented to
by the developer. Otherwise, the Planning Board shall be deemed to
have granted preliminary approval to the subdivision.
F.
Following submission of a completed application, the
Planning Board shall set the date of public hearing.
G.
The Planning Board when acting upon application for
major subdivision approval shall have the power to grant such exceptions
or waivers from the requirements for approval as may be reasonable
and within the general purpose and intent of this chapter, if the
literal enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question and the project is minimal and would continue
to reflect overall conformity to the Master Plan. Any exception granted
pursuant to this section shall be certified to the Zoning Officer
in writing.
I.
The Board of Health shall recommend approval only
if all lots in the subdivision can be served by existing water and
sewage systems. In order to assist the Board of Health and/or the
Township Engineer in determining the adequacy of the utilities, the
applicant shall provide adequate proof in accordance with a form known
as "FORM A" which is attached hereto and included by reference.[2] In the event there are less than 50 lots contained in
the subdivision map submitted for approval, septic tanks may be installed
in conformance with the requirements of the Freehold Township Board
of Health and the Township Engineer, who may require any test or data
that they determine necessary and further subject to such regulations
made and provided by the State Department of Health. In the event
that septic tanks are installed under this section, the subdivider
shall install a dry sanitary sewerage collection system for use when
public sewerage becomes available. Approval shall be noted on the
master copy of the preliminary plat. Copies of the signed preliminary
plat shall be furnished to each of the following:
[Amended 12-27-2005 by Ord. No. O-05-48]
(1)
Township Clerk: one copy.
(2)
Township Engineer: two Mylars.
(3)
Planning Board: one copy.
(4)
Local Board of Health: one copy.
(5)
Construction Official: one copy.
(6)
Zoning Officer and Building Inspector: one Mylar and
two copies.
(7)
Subdivider for compliance with the final approval
requirements.
[2]
Editor's Note: Form A is on file in the Health
Office.
A.
Preliminary approval of a major subdivision shall, except as provided in Subsection B of this subsection, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs,
and sidewalks; lot size; yard dimensions and off-tract improvements;
except that nothing herein shall be construed to prevent the Township
from modifying by ordinance such general terms and conditions of preliminary
approval as they relate to public health and safety.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval, the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(3)
That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
B.
Subsequent to approval of the preliminary plat of
a major subdivision and prior to the commencement of construction
of any of the improvements required by the provisions of this chapter,
the owner or subdivider shall obtain from the Township Engineer an
estimate of the costs of construction of streets and other improvements,
in accordance with the requirements and specifications of this chapter
and tender to the Township Committee a fee to cover costs of field
inspection by the Township Engineer.
C.
The applicant or owner shall furnish performance guarantees to the extent that public areas or adjacent properties shall be affected for all improvements which would affect the health, safety and/or general welfare of the public including but not limited to roadway improvements, drainage, grading, sanitary sewer, public water, detention basins, shade trees or other improvements within or affecting public rights-of-way, easements, drainageways, improvements and adjacent property or other off-tract properties in accordance with § 190-52 if improvements are to be installed prior to final approval.
[Amended 12-27-2005 by Ord. No. O-05-48; 7-29-2014 by Ord. No.
O-14-9; 1-14-2020 by Ord. No. O-20-1]
A.
As a condition of final subdivision approval, the Planning Board
may require that the owner, subdivider and/or developer:
(1)
Submit a financial statement setting forth the assets and liabilities
of the owner, subdivider and/or developer and net worth, which statement
shall be certified by a certified public accountant or a registered
public accountant, and in the case where the owner, subdivider and/or
developer is a corporation, such financial statement shall be as of
the last annual or fiscal audit prepared in the preceding 12 months.
The statement shall contain the names and addresses of the officers
and directors and of each stockholder holding 10% or more of the capital
stock.
(2)
Provide the names and locations of developments completed by the
owner, subdivider and/or developer and the names and addresses of
at least five business references.
(3)
Furnish performance guarantees for the installation of improvements
pursuant to N.J.S.A. 40:55D-53a in an amount not to exceed 120% of
the cost thereof as estimated by the Township Engineer according to
law.
B.
The performance guarantee shall consist of a developer's agreement;
the terms of which shall concern the general development of the tract,
plus 10% of the performance guarantee amount in cash and the remaining
90% by any of the following:
(1)
A performance bond issued by a bonding or surety company authorized
to serve as a surety in the State of New Jersey, approved by the Township
Attorney as to form pursuant to N.J.S.A. 40:55D-53b; cash, a certified
check, an irrevocable standby letter of credit issued by a financial
institution whose latest rating by Sheshunoff Financial Rating Service
is a B or better, in a form approved by the Township Attorney pursuant
to N.J.S.A. 40:55D-53b, or such other security as may be approved
by the Township Committee.
(2)
All guarantees posted herein shall be in addition to and not in substitution
for the developer's primary responsibility to install improvements
and complete the subdivision in accordance with all rules, regulations,
standards, specifications, and ordinances of the Township.
(3)
Performance guarantees shall be for the cost of installation of those
on-tract improvements required by the approval or developer's agreement
to be dedicated to the Township or other public entity, and that have
not yet been installed, which cost shall be determined by the municipal
engineer, according to the method of calculation set forth in N.J.S.A.
40:55D-53.4, for the following improvements as shown on the approved
plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting,
street trees, surveyor's monuments, as shown on the final map and
required by "the map filing law," or by N.J.S.A. 46:26B-1 through
N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic
systems, drainage structures, public improvements of open space, and
any grading necessitated by the preceding improvements as well as
privately owned perimeter buffer landscaping as required by ordinance
or imposed as a condition of approval for each section or phase of
the development (hereafter sometimes referred to as "required improvements").
(4)
At the developer's option a separate performance guarantee may be
posted for the privately owned perimeter buffer landscaping.
(5)
In the event that the developer seeks a temporary certificate of
occupancy for a development, unit, lot, building or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate "temporary certificate of occupancy guarantee" in an amount
equal to 120% of the cost of installation of only those improvements
or items which remain to be completed or installed under the terms
of the temporary certificate of occupancy and which are required to
be installed or completed as a condition precedent to the issuance
of the permanent certificate of occupancy, and which are not covered
by an existing performance guarantee. The scope and amount of the
temporary certificate of occupancy shall be determined by the Township
Engineer and accepted by resolution from the governing body. At no
time shall more than one guarantee be held by the Township for the
same improvement. The temporary certificate of occupancy guarantee
shall be released by the governing body upon the issuance of a permanent
certificate of occupancy with regard to the unit, lot, building or
phase as to which the temporary certificate of occupancy guarantee
relates.
(6)
In addition to the performance guarantee pursuant to Subsection A above, the developer shall also post a safety and stabilization guarantee in favor of the Township to be available solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
(b)
Work has not recommenced within 30 days following the provision
of written notice by the Township to the developer of the Township's
intent to claim payment under the guarantee. The Township shall not
serve notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reason other than force
majeure. The Township shall provide written notice to a developer
by certified mail or other form of delivery providing proof of receipt.
(7)
The amount of the safety and stabilization guarantee for a development
with bonded improvements in the amount not exceeding $100,000 shall
be $5,000. The amount of the safety and stabilization guarantee for
a development with bonded improvements exceeding $100,000 shall be
calculated as a percentage of the bonded improvements costs of the
development or phase of development as follows:
(8)
At the developer's option the safety and stabilization guarantee
may be provided as a separate guarantee or as a line item in the performance
guarantee.
(9)
"Performance guarantee" as used hereafter in this section may, as
appropriate to the context of use, refer to all guarantees provided
in this subsection.
C.
Any and all performance guarantees posted by the developer hereunder
may be subject to recalculation annually by the Township Engineer
as to the amount thereof based on current costs of labor and materials
at 120%. Upon written notification of the new amount, the developer
shall provide the Township with a new guarantee or an addendum to
the existing guarantee showing the new amount.
D.
Any cash or certified check shall be held in escrow
by the Township Treasurer and deposited or invested in the manner
prescribed by law for municipal funds; the principal amount and interest,
where required by law, to be refunded to the subdivider upon satisfactory
completion of all said improvements and upon posting maintenance guarantees
as provided for in this chapter.
E.
The condition of the performance guarantee shall be
that the subdivider or owner fully complete the required improvements
on or before a certain time as fixed by the developer's agreement
which date, in no case, shall be later than three years from the day
of approval of the final plat; provided, however, that upon application
being made prior to the expiration of said initial three-year term
by the subdivider or owner with the consent of the surety, the Township
Committee may extend the term of such performance guarantee for such
additional time period as it shall deem reasonable under the circumstance.
The amount of the performance guarantee may be reduced by the Township
Committee by resolution when portions of the required improvements
have been installed. No forbearance from strictly enforcing the timely
installation of improvements shall be deemed a waiver by the Township
of the subdivider or owner's obligation hereunder.
F.
When improvements are completed in stages, the amount
of the reduction in the performance guarantee for improvements installed
shall accurately reflect the pro rata cost of such improvements.
G.
If the required improvements shall not have been installed
in accordance with the performance guarantee or if the subdivider
or owner shall abandon the project in such a condition that it constitutes
a hazard and a nuisance, the obligator and surety, if any, shall be
liable thereon to the Township for the reasonable cost of improvements
not installed, and upon receipt of the proceeds thereof, the Township
shall install such improvements.
H.
Pursuant to N.J.S.A. 40:55D-53d, when improvements
have been completed, the obligator shall notify the Township Committee
in writing by certified mail of the completion of the aforesaid improvements
and shall send a copy thereof to the Township Engineer. The Township
Engineer shall inspect all of the aforesaid improvements and file
a report pursuant to N.J.S.A. 40:55D-53d with the Township Committee
within 45 days of the receipt of the notice from the obligator.
I.
Within 45 days after receipt of the Township Engineer's
report, the Township Committee, by resolution, shall accept or reject
the improvements, grant partial approval or withhold approval as provided
in N.J.S.A. 40:55D-53e(1). Where partial approval is granted, the
obligator shall be released from all liability pursuant to its performance
bond except for that portion adequately sufficient to secure the improvements
not yet approved provided that 30% of the amount of the performance
guarantee posted may be retained to ensure completion and acceptability
of all improvements.
J.
If any portion of the improvements shall not be approved
or shall be rejected by the Township Committee, the obligator shall
cause the same to be completed or corrected, and upon completion or
correction of same, the same procedure of notification as outlined
herein shall be followed.
K.
Nothing herein, however, shall be construed in limitation
of the obligator's right to contest or question by legal proceedings
or otherwise any determination of the Township Committee or the Township
Engineer. The obligator shall be responsible for all the inspections
fees the Township Engineer incurred in making the foregoing inspections
as per the fee schedule and in accordance with N.J.S.A. 40:55D-53h.
L.
Maintenance guarantees.
(1)
Following final acceptance of an improvement, the
developer shall post a maintenance guarantee for a period of two years
in an amount not exceeding 15% of the cost of the required improvements.
The maintenance guarantee shall consist of the form of security acceptable
pursuant to N.J.S.A. 40:55D-53b. In addition, upon the inspection
and issuance of final approval of the following private site improvements
by the municipal engineer, the developer shall post with the Township,
a maintenance guarantee in an amount not to exceed 15% of the cost
of the installation of the following private site improvements; stormwater
management basins, in-flow and water quality structures within the
basins, and the out-flow pipes and structures of the stormwater management
system, if any, which cost shall be determined according to the method
of calculation set forth in N.J.S.A. 40:55D-53.4.
(2)
In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the Township for such utilities
or improvements.
(3)
Prior to the release of any performance guarantees,
the obligator shall file with the Township Engineer an as-built plan
and profiles of all utilities and roads constructed in the development,
with a certification signed and sealed by a New Jersey licensed professional
engineer as to the actual construction as approved by the Township
Engineer. Three black-and-white prints and a Mylar copy shall be filed.
The obligator shall also file with the Township Engineer the surveyor's
monument certification; signed and sealed as-built construction plans;
and, if not previously provided, deed(s) of dedication for roads,
detention basin lots, open space areas, easements or other land areas
to be dedicated to the Township all of which shall be subject to review
and approval by the Township Engineer and Township Attorney.
(4)
Whenever the Township is requested to accept dedication
of properties to be maintained for detention or retention basin purposes
which will result in the Township having to expend funds in the future
for the maintenance of such properties, the Township shall, unless
otherwise determined by the Township Committee, require that the property
owner dedicating such property post with the Township funds which
will defray the estimated costs of maintenance for a ten-year period.
(5)
The Township Engineer shall calculate the maintenance
cost.
(6)
The estimated maintenance cost contribution for the
ten-year period shall be deposited with the Township Clerk at the
time other maintenance guarantees are posted for the project or acceptance
of the lot by the municipality, whichever shall occur first.
M.
If the
property or any part of same is sold, or otherwise conveyed to a successor
developer prior to the completion and acceptance of all improvements,
an assignment of developer’s agreement, and new performance
or maintenance guarantees shall be required from the new owner or
successor developer. Upon the transfer of ownership of property that
is the subject of a construction permit, and prior to beginning or
continuing work authorized by the construction permit, the new owner
or successor developer shall file with the Building Department an
application for a permit update to notify the Building Department
of the name and address of the new owner or successor developer and
of all other changes to information previously submitted to the Building
Department. The Building Department shall not approve the application
for a permit update until it receives notification from the governing
body or its designee that the new owner or successor developer has
furnished adequate replacement performance or maintenance guarantees
and assignment of developer’s agreement.
N.
Inspection fees.
(1)
Inspection fees. The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amount set forth in Subsection N(1)(a) and (b) of this subsection. The Township may require of the developer a deposit for the inspection fees in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of improvements estimated pursuant to N.J.S.A.
40:55D-53.4 of the Municipal Land Use Law; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under this section. For
those developments for which the reasonably anticipated fees total
less than $10,000, fees may, at the option of the developer, be paid
in two installments. The initial amount deposited in escrow by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspections, the developer shall
deposit the remaining 50% of the anticipated inspection fees. For
those developments for which the reasonably anticipated fees total
$10,000 or greater, fees may, at the option of the developer, be paid
in four installments. The initial amount deposited in escrow by a
developer shall be 25% of the reasonably anticipated fees. When the
balance on deposit drops to 10% of the reasonably anticipated fees
because the amount deposited by the developer has been reduced by
the amount paid to the Township Engineer for inspection, the developer
shall make additional deposits of 25% of the reasonably anticipated
fees.
(2)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection N(1)(a) and (b) is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
A.
The Planning Board shall grant final approval if the
detailed drawings, specifications and estimates of the application
for final approval conform to the standards established for final
approval, the conditions or preliminary approval, and the standards
prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9
et seq.), provided that in the case of a planned unit development,
the Planning Board may permit minimal deviations from the conditions
of preliminary approval necessitated by change of conditions beyond
the control of the developer since the date of preliminary approval
without the developer being required to submit another application
for development for preliminary approval. Before consideration of
the final subdivision plat by the Planning Board, the subdivider or
owner shall submit a plat entitled "Final Construction Plans and Profiles,"
showing all utilities and construction, their exact location and elevation
based upon USCG data.
[Amended 12-27-2005 by Ord. No. O-05-48; 12-22-2015 by Ord. No. O-15-26]
B.
Final approval shall be granted or denied within 45
days of the date upon which the application is deemed complete or
within such further time as may be consented to by the applicant.
Failure of the Township agency to act within the period prescribed
shall constitute final approval and a certificate of the administrative
officer as to the failure of the Township agency to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval, herein required,
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats.
C.
Whenever review or approval of the application by
the Monmouth County Planning Board is required by Section 5 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.3) the Township agency shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the Monmouth County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period.
D.
The subdivider shall submit the following to the administrative
officer for final approval at least 45 days prior to the expiration
date of the three-year period following preliminary approval by the
Township agency and within the appropriate time prior to the next
regular meeting of the Township agency that granted preliminary approval
in accordance with the regulations and rules of that agency:
(1)
Three completed application forms for final plat approval.
(2)
Two translucent tracing cloth copies of such final plat, prepared in accordance with the requirements of § 190-61 of this chapter.
(3)
Two opaque cloth plats thereof and 12 black-on-white
copies.
(5)
The final plat, final plans and final as-built plans
on a three-and-one-half-inch disk(s) in a .dxf CADD format.
E.
The administrative officer shall transmit the final
plat copies four weeks prior to the next regular meeting of the reviewing
board to the following:
[Amended 12-27-2005 by Ord. No. O-05-48]
F.
The subdivider may request final approval of the plat
by section and/or sections wherein the performance guarantee posted
therefor. The Planning Board shall approve each section if same complies
with this chapter. An approved section plat shall give the subdivider
all those rights in regard to the section as if the entire plat has
been approved.
[Amended 12-22-2015 by Ord. No. O-15-26]
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
therefrom, whether conditionally or otherwise, shall not be changed
for a period of two years after the date of final approval, provided
that in the case of major subdivision the rights conferred by this
section shall expire if the plat has not been duly recorded within
the time period provided. If the developer has followed the standards
prescribed for final approval, and in the case of subdivision has
duly recorded the plat, the Planning Board may extend such period
of protection for extensions of one year but not to exceed three extensions.
Requests for extensions shall be filed at least 60 days prior to the
expiration date. Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval for the section granted final approval.
A.
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The Planning Board may for good cause shown extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
[Amended 12-22-2015 by Ord. No. O-15-26]
B.
No subdivision plat shall be accepted for filing by
the county recording officer until it has been approved by the reviewing
board as indicated on the instrument by the signature of the Chairman
and Secretary of the reviewing board. The signatures of the Chairman
and Secretary of the reviewing board shall not be affixed until the
developer has posted the guarantees required by this chapter and executed
the developer's agreement. If the county recording officer records
any plat without such approval, such recording shall be deemed null
and void, and upon request of the Township, the plat shall be expunged
from the official records.
A.
If before final subdivision approval has been granted any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by this chapter, such persons shall be subject to a penalty as stated in Chapter 1, Article II, General Penalty, and each lot disposition so made may be deemed a separate violation
[Amended 5-23-2006 by Ord. No. O-06-16]
C.
In any such action, the transferee, purchaser, or
grantee shall be entitled to a lien upon the portion of the land,
from which the subdivision was made that remains in the possession
of the developer or his assigns or successors, to secure the return
of any deposits made or purchase price paid, and also, a reasonable
search fee, survey expense, and title closing expense, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of said
land or within six years, if unrecorded.
A.
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision,
or which formed part of such subdivision three years preceding the
effective date of N.J.S.A. 40:55D-1 et seq. may apply in writing to
the administrative officer for the issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name of the owner thereof.
B.
The administrative officer shall make and issue such
certificate within 15 days after the receipt of such written application
and the fees therefor. The administrative officer shall keep a duplicate
copy of each certificate, consecutively numbered, including a statement
of the fee charged, in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "Certificate
as to Approval of Subdivision of Land," and shall certify:
(1)
That there exists in the Township a duly established
Planning Board and that there is an ordinance controlling subdivision
of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board
and, if so, the date of such approval and any extensions and terms
thereof, showing that subdivision of which the lands are a part is
a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been
approved, is statutorily exempt from the requirements of approval
as provided in this act.
D.
The administrative officer shall be entitled to demand
and receive for such certificate issued a fee equal to those provided
in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected and all other
fees collected by the administrative officer shall be paid by him
or her to the Township Treasurer.
A.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy, or action which could be prosecuted or maintained by the Township pursuant to the provisions of § 190-56 of this chapter.
B.
If the administrative officer fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to § 190-56 of this chapter.
C.
Any such application addressed to the Clerk of the
municipality shall be deemed to be addressed to the administrative
officer and the Township shall be bound thereby to the same extent
as though the same were addressed to the administrative officer.
A.
This chapter and all development regulations pursuant
thereto shall be construed and applied with reference to the nature
and use of a condominium or cooperative structures or uses without
regard to the form of ownership.
B.
All requirements of this chapter are equally applicable
to all buildings and improvements of the same kind under the condominium
or cooperative corporate form of ownership. No approval pursuant to
this chapter shall be required as a condition precedent to the recording
of a condominium master deed or the sale of any unit therein unless
such approval shall also be required for the use or development of
the lands described in the master deed in the same manner had such
lands not been under the condominium form of ownership. Any condominium
development, however, shall be subject to N.J.S.A. 46:8A-1 et seq.
and 46:8B-1 et seq.
A.
No plat shall be accepted for consideration unless
it fully conforms to the following requirements as to form, content,
and accompanying documentation and complies with all provisions of
N.J.S.A. 46:23-9.1 to N.J.S.A. 46:23-9.8.
B.
All plats submitted for review and approval shall
be neatly bound in order and shall conform with one or more of the
following standard sheet sizes: 8 1/2 inches by 13 inches, 15
inches by 21 inches, 24 inches by 36 inches, 30 inches by 42 inches,
except for final construction profiles which shall be 24 inches by
36 inches.
C.
Plat maps shall be drawn at a scale as follows:
(1)
Subdivisions with lots 80,000 square feet or larger:
not less than one inch equals 100 feet except where sanitary sewer
and water are provided, then the minimum scale shall be one inch equals
50 feet.
(2)
Subdivisions with lots 20,000 to 80,000 square feet:
not less than one inch equals 50 feet.
(3)
Subdivisions with lots less than 20,000 square feet:
not less than one inch equals 40 feet.
(4)
Site plans shall be at a scale of not less than one
inch equals 30 feet except that the Township Engineer may recommend
to the board a scale greater than one inch equals 30 feet where the
Engineer deems that such scale will not impair proper review of required
site plan details.
(5)
Construction/grading details shall be at a scale of
one inch equals 50 feet or less as directed by the Township Engineer.
The details of the preliminary plat shall conform with the requirements and specifications set forth in the Preliminary Major Subdivision Completeness Checklist as adopted by § 190-4B(5).
The final plat shall be drawn in ink on Mylar or tracing cloth at a scale in accordance with § 190-60 and in compliance with all the provisions of N.J.S.A. 46:23-9.1 to 46:23-9.8. The final plat to be titled "Final Plat," shall show, be accompanied by, and conform to the requirements and specifications set forth in the Final Major Subdivision Completeness Checklist as adopted by § 190-4B(6).
A.
Items to be on file.
(1)
Except for minor site plan and minor subdivision,
a developer who has obtained final approval shall maintain a sales
office upon the issuance of the first construction permit and display
therein in a prominent fashion the following:
B.
The sales map shall be based upon the final plat as
well as official Tax Map information at a scale of not less than 100
feet to the inch. The map shall show the development plan and all
land contiguous thereto for a distance of 2,000 feet within or without
the Township.
C.
The sales map shall clearly show and include for that
area within 2,000 feet of the development unless a farther distance
is set forth herein the following information:
(1)
The location of connector streets to the proposed
streets within the development.
(2)
The location of all state, county, and municipal roads,
both in existence and/or proposed by any governmental agency having
jurisdiction to establish such roads. If any such roads are evidenced
upon the Township Master Plan or Monmouth County Master Plan or State
Transportation Master Plan, the same shall be indicated upon the sales
map.
(3)
The location of all railroads rights-of-way, airports,
and airport runways, overhead easements for transmission of power
or otherwise, rights-of-way for public utilities, and location of
public utility plants.
(4)
The location of all sanitary land fill operations
within 3,000 feet of the development which are in existence, proposed
or which have been closed.
(5)
The location of all schools, parks, playgrounds, open
space and public buildings.
(6)
The location of all streams, ponds, floodplains and
watercourses.
D.
All zoning restrictions or improvements applicable
to the development shall be shown with notation as to which restrictions
have been waived, relaxed or varied by a Township agency.
E.
All contiguous property to the tract shall have prominently
displayed thereon the zoning district classification, whether such
property is within or without the Township as well as any Township
restrictions on construction of accessory structures.
F.
There shall be displayed upon said sales map a reasonable
estimate of the amount of municipal taxes to be levied upon the proposed
property to be sold in the upcoming year.
G.
The location of all detention and/or retention basin
areas; a notation concerning whether or not fencing will enclose the
area and, if so, the type and location of the fencing; a notation
concerning what entity shall have responsibility for maintaining the
area.
